Bruce Sewell : Apple's general counsel and senior vice president of Legal Affairs is a very busy man these days.
Apple Inc.'s claims that some smartphones running Google Inc.'s Android software copy its inventions are approaching their first big judgment day in the U.S.
The International Trade Commission (ITC) in Washington on Wednesday is expected to rule on whether some phones made by HTC Corp. violate Apple's patents. The ruling could lead to a ban on handsets sold by the Taiwanese company, which uses the Android operating system and is the No. 3 smartphone provider in the U.S. market, according to research firm Nielsen.
According to FOSS Patents, there were 37 (revised to 38) Android-related patent infringement lawsuits in the legal pipeline (see below) involving courts in the U.S. and overseas.
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HTC isn't alone. Apple has been tangling in courts with other prominent Android device makers, including Samsung Electronics Co. and Motorola Mobility Holdings Inc. The cases reflect the Cupertino, Calif., company's belief that many competing smartphones violate features that Apple popularized with its iPhone and iPad tablet computer.
Apple vs Android 10.12.02 Litigation Battlefield: Apple vs Android-Based Phone Makers as of December 2, 2010 (Florian Mueller for Foss Patents
Apple isn't the only one complaining. The smartphone market has experienced a surge in patent litigation over the past few years as large and small players seek to hobble competitors or take share of their success through damage awards or negotiated settlements.
It's an attractive opportunity. More than 645 million smartphones are expected to be sold world-wide next year, according to research firm Gartner Inc., jumping nearly 40% from this year's forecast. By comparison, sales of personal computers are expected to grow 4.5% to about 370 million units next year.
Apple Versus Google
Android, which is distributed free, has become an obvious target for litigation as the Google system has outdistanced Apple's offerings to become the most widely used software on smartphones. Besides cases brought by Apple, Oracle Corp. has sued Google, alleging that Android violates its patents and copyrights. Microsoft Corp. is suing Motorola Mobility over Android.
In nearly all cases, defendants have responded by filing countersuits or angled for a legal advantage by filing pre-emptive actions when they expected to be sued.
Google, for its part, has accused its rivals of "a hostile, organized campaign against Android" being waged through "bogus patents."
Apple Versus HTC
Apple has made some headway in its legal attack on HTC. This summer, an International Trade Commission judge issued a preliminary ruling that HTC infringed two of Apple's patents. One covers technology to detect information in an email, such as a phone number, and then perform an action with it, such as automatically dialing the number when touched. The decision was passed on to the full commission, which is to make the decision that is expected for Wednesday.
If the court finds in Apple's favor, the commission can ban the import of the offending HTC devices into the U.S. HTC can still ask for a review from the U.S. president within 60 days of the ruling. Even after that, HTC can appeal to federal courts.
Bijal Vakil, a lawyer specializing in intellectual property for White & Case who isn't involved in the Apple-HTC case said.
"This is just one step in the process that will still continue whether or not Apple wins."
In the event HTC ultimately loses, he said, it probably has a backup design that likely wouldn't be found to infringe on Apple's patents.
An Apple spokeswoman reiterated an earlier statement that read.
"Competitors should create their own original technology, not steal ours."
HTC didn't respond to a request for comment.
The Taiwanese company's efforts to counterattack haven't been as successful. Last month, the ITC said none of Apple's mobile products violated HTC patents that came from S3 Graphics, a company that HTC purchased.
HTC also has sued Apple in a Delaware court and filed another complaint at the ITC, claiming that the iPhone maker infringed on patents HTC acquired from Google, which cover technology used to upgrade software and load applications.
Apple Settles Case With Nokia
While most of Apple's suits with competitors are ongoing, the iPhone maker did make peace with Nokia Corp. in June. Terms weren't disclosed, but analysts estimated that Apple agreed to pay hundreds of millions of dollars to the Finnish mobile-phone maker and that the companies agreed to cross-license patents.
COMMENTARY: Thank goodness that FOSS Patents tracks the various patent infringement lawsuits between Apple versus Android-based Mobile Phone Makers.
Android-Related Patent Infringement Suit #38 Filed
According to FOSS Paents, Android patent suit no. 38 was filed on March 30, 2011 by Tierravision versus Google, Microsoft and RIM over spatial data patent.
Tierravision's accusations relate to:
- BlackBerry smartphones with BlackBerry Maps, specifically naming the examples of "RIM's Torch, Style, Curve, Pearl, Bold, Tour and Storm smartphones",
- Google Maps Mobile, particularly "in its Android operating system that [Google] supplies to smartphone manufacturers such as HTC for incorporation into smartphones, such as the HTC Magic", and
- Bing Mobile, particularly "in its Windows Phone OS 7 operating system that [Microsoft] supplies to smartphone manufacturers such as HTC for incorporation into smartphones, such as the HTC HD7".
Microsoft versus Motorola
There are also patent infringement lawsuits between Microsoft versus Motorola--53 patents altogether are involved with suits filed in 7 different courts. Courtesy of FOSS Patents, this is what that complicated legal mess looks like:
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Motorola Scores Victory Over Apple In Germany
Apple's devices are facing a ban in Germany after a court ruled in favor of Motorola, a rare strike against the iPhone maker in its legal battles against Android rivals.
The Mannheim Regional Court today ruled an injunction is "preliminarily enforceable" against Apple Sales International, Apple's EU wholesale subsidiary based in Ireland. The ban covers a wide variety of products, including all iPhones except for the 4S -- which was not released in April when the original suit was filed -- and 3G-enabled iPads.
The ruling concerns a patent for "performing countdown function during a mobile-originated transfer for a packet radio system."
The ruling is similar to another injunction Motorola scored against Apple in Germany last month, but the first ruling was based on a default judgment because Apple never presented a defense in the case. This time around, both sides presented their full arguments before the court made its decision.
Apple has already appealed the ruling to a higher court and seek a stay on the injunction. The German appellate court is set to hear the case December 20, 2011. If Apple wins its appeal and the injunction is turned over, Motorola will pay substantial costs. The Mannheim court attached a $134 million bond to its decision, and Motorola will have to pay up if the higher court overrules the injunction.
The German court's ruling, though, is rare victory against Apple. Other companies have sued Apple, but very few succeed, and a dialogue between Apple and Motorola may open over patents and licensing.
Courts have been reluctant to issue injunctions in the past, but that pattern is changing. Samsung's Galaxy Tab 10.1, for example, was placed under a temporary injunction in Australia, which was lifted but still remains in place while Apple appeals the injunction.
Product bans in Germany would be difficult for Apple, however. Europe is Apple's second-largest market, second only to the U.S., and Germany is Apple's largest market in Europe.
Motorola appears open to a settlement, but Apple may not be so willing to come to an agreement with the company. The Cupertino, Calif.-based company has continued late CEO Steve Jobs' desire to fight against Android, and has not settled in similar cases, preferring to fight them out.
Motorola is coming from a position of strength, having had favorable results in the German courts. Apple's battles with Android devices are set to continue, though, and Motorola -- which Android-maker Google is expected to complete a buy-out of this coming year -- is about to become a public face for the OS, and one with a couple legal wins under its belt.
Apple Wins Over Samsung in France and Netherlands, But Loses in Australia.
Samsung filed lawsuits in several countries against Apple, seeking bans against the iPhone 4S. However, courts have rejected some of Samsung's cases, including in France this week, weakening the South Korean company's legal strategy.
Samsung struck out in the Netherlands, too, since a judge determined the patents involved fell under FRAND, or fair use standards, and Samsung is required to share them with Apple.
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Samsung Electronics' tablet computer, the Galaxy Tab, will be available to consumers in Australia in the coming days, after the South Korean electronics giant scored a victory against Apple in a legal battle that had blocked the product from going on sale.
The Australian High Court denied Apple's appeal to an earlier court ruling that overturned an injunction placed on Samsung's Galaxy Tab 10.1 citing violation of its patent. The recent ruling is expected to give Samsung a stronger footing in a legal battle it is involved in with Apple in several countries across the world, including the United States.
Who Has The Most Mobile Patents
So, who has the most mobile patents? The way Apple’s been suing it competitors of late, successfully at that, you would think Apple held all of the cards. Wrong.
However, as you can see from the Chetan Sharma data in the table below, the Cupertino, California-based iPhone and iPad maker doesn’t rank in terms of patent power.
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Don't you find it rather interesting that Samsung, which has been on the receiving end from Apple’s legal team worldwide, and Nokia both rate No 1?
How does Apple rate? Apple ranks a disappointing 31st (below), which begs the question — is it how many patents you have, the quality or the size and experience of your legal team.
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The Apple Extra-Terrestrial Technology Connection (Fact or Fiction?)
According to very reliable, but unnamed source, Apple acquired a lot of the technology behind the iPhone and iPad from extra-terrestrial technology. That's right E.T.'s.
I first became aware of this incredible development through an anonymous email that I received earlier this year while conducting research on Apple. This all came about because I was very curious as to how Steve Jobs could have compiled such an incredible run of successful new product launches beginning with the Mac, then followed by the iPod, iPhone and iPad.
The source, choosing to remain anonymous, revealed in his email in incredible great detail that NASA had come into posession of certain alien technology back in the early 1970's. NASA scientists tried in vain to unlock the secrets of this alien technology, but was unsuccessful, so as a last resort, they decided to seek the assistance of the best technology experts from private industry. Apple was specifically chosen for this task.
Steve Jobs has always had a reputation for keeping secrets, more so than any other company CEO in existence, with the exception of Lockheed's Skunk Works (U-2 spy plane, SR-71 Blackbird and F-117 Stealth Fighter). In 1978, NASA and several agents from the CIA contacted Steve Jobs and asked for his assistance. He was told very little about the technology, other than it was believed to be of alien origin. NASA and the CIA told Jobs that for reasons of national security he could select only two Apple engineers to assist him in unlocking the secrets of the alien technology. Steve Jobs, together with this two senior engineers, agreed to the terms and conditions which included a written oath of secrecy that was labeled "above top secret" and "need to know. "
A few weeks later, Steve Jobs and his two senior engineers met with an unnamed NASA scientist and two CIA agents, at an undisclosed location in Silicon Valley. The outside of the building was unmarked, had no street address, and all the windows werre painted over so you could not see inside the building.
Jobs and his two engineers were led into a dark room. In the center of the room was a round table. They were asked to take a seat. Shortly thereafter, a two armed security guards walked in carrying a metal container, about the size of a microwave oven. They set the metal container on the table. The metal container had two combination locks and a heavy key lock. The CIA agents took turns setting the combinations and the NASA scientists used a key to unlock the lock. There were metal latches holding the top cover. Snap, snap, snap, snap, and the top of the metal container was removed. Inside the container was a black velt bag holding some kind of object.
The NASA scientist carefully teached into the metal box and removed the felt back. He undid the cloth loop around the bag and stuck his hand into the bag and carefully pulled out a flat electronic gadget of some kind that measured about 8 x 10 inches. The object was white and had dark glass screen. It didn't appear to have any buttons, levers or switches. The glass had been broken. The NASA scientist carefully laid the object on the conference room table. He spoke while looking directly at Steve Jobs.
"Mr. Jobs, this object was discovered by Apollo 20 astronauts in 1972. It was just laying there on the ground, on the surface of the Moon, as if it had been intentionally left there for us to find. We tried in vain to determine what the object does and how it works. However, what is is really remarkable is that if you look on the reverse side of the alien object, the back has something very, very remarkable and strange. (The NASA scientist slowly flipped the strange object to reveal the backside. There, clear as day, the Apple logo was imprinted on the backside of the object). Mr. Jobs, how the hell did this object get to have your company's logo? Were you involved in some way? Are you working for another agency or foreign government? The Russians, perhaps? I want some answers, and I want them right now"
Steve Jobs and his two engineers were stunned and appeared in a state of shock and confusion. How exactly could this object, if indeed it was of alien origin, have the Apple logo. It was impossible, it must be a practical joke by NASA to test their loyalty. Steve cleared his throat then spoke while his two engineers remained silent.
"Sir, I cannot explain how or why this object has the Apple logo stamped on the back. I can assure you that Apple had nothing to do with this object. This is the first time we have seen it, and furthermore, we are 100% loyal to our country. I am totally mystified as you are, but if I may, with your permission of course, like an opportunity to study and examine this object and try to unlock its secrets."
In a blog article dated December 7, 2011 (repost from June 2011), you will find the details behind this incredible story, or if you wish, tale. I received a lot of flack, mostly from Apple evangelists who are still mourning the death of Steve Jobs. Get over it.
Isn't it ironic that Apple is trying to protect their iPhone and iPad patents, and that the technology behind these two magical devices, may have been actually acquired from alien technology? More importantly, it casts a very dark cloud of suspicion over Mr. Jobs himself, who has been hailed as a creative and innovative genius. I make no accusations, and end this writing at this point. You be the judge and read the above blog post for the full story.
Courtesy of an article dated December 12, 2011 appearing in The Wall Street Journal and an article dated December 9, 2011 appearing in Mobiledia and an article dated December 9, 2011 appearing in CNN
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